Bargo murder trial planned Aug. 12 as motions are resolved

Murder defendant Michael Bargo, right, listens with defense attorney Charles Holloman during a status conference on issues surrounding his upcoming trail on Wednesday at the Marion County Judicial Center in Ocala.

Published: Wednesday, July 24, 2013 at 5:16 p.m.

Last Modified: Wednesday, July 24, 2013 at 5:16 p.m.

The attorneys trying the murder case of Michael S. Bargo filed into court Wednesday afternoon to discuss their progress and resolve most of the legal matters still lingering before the trial begins Aug. 12, which will lead to a conclusion of the two-year saga.

Bargo, 21, is charged with first-degree murder with a firearm in the killing of Seath Jackson, 15, in 2011. The state is seeking the death penalty.

Among the issues resolved Wednesday by Circuit Judge David Eddy was the state's request to prohibit the defense from eliciting testimony defaming the victim.

According to the state, witnesses listed by the defense have previously suggested Seath Jackson was in a gang and routinely beat people. Defense witnesses also have suggested that Seath threatened to kill the witnesses, rape their family members and burn down their houses.

In its motion to exclude such testimony at trial, the state acknowledged that, in general, evidence of a victim's character is inadmissible. But if the defense theory relies on the conduct of the victim, the law allows the defendant to offer evidence of the victim's character as circumstantial evidence to prove such conduct.

When a defendant alleges self-defense, the conduct of the victim is then a material issue. But defense attorney Charles Holloman did not oppose the state's motion, stating he's not claiming self defense.

"We can't have a trial by character assassination," Holloman acknowledged during the hearing Wednesday.

Eddy granted the state's request. He also granted several other motions from the state, including one to compel the defense to provide current addresses for three defense witnesses, and to provide a list of witnesses from Michigan who will testify via Skype.

Both Eddy and Holloman said this would be the first time either of them used Skype during a trial.

The judge also granted a motion from the state allowing prosecutors until July 31 to provide a list with additional expert witnesses. Assistant state attorneys Robin Arnold and Amy Berndt said they have not yet received testing results from a psychologist who evaluated Bargo. Until they receive the results they can't accurately finish their list of expert witnesses.

Bargo and his co-defendants are accused of luring Jackson to a Summerfield residence on April 17, 2011, where they shot, beat and burned his body, then put the remains into paint cans. Bargo, the accused triggerman, was arrested on April 20, 2011, just nine days before his 19th birthday.

Charlie Ely, 21, was sentenced to life in prison in 2011. Justin Soto, 22, Kyle Hooper, 19, and Amber Wright, 17, were all sentenced to life in prison in 2012.

It is unknown whether these co-defendants will testify against Bargo.

Court records show Hooper and Wright are appealing their judgment and sentences. An appeals court earlier this month uphheld Ely's conviction and sentence. There is no record of an appeal for Soto.

Bargo has remained inside the Marion County Jail since his arrest and currently resides in a high-security area of the facility. He has written several letters from jail to various media and court officials referencing claims of ill-treatment.

In the spring, Bargo hobbled into court, hindered by several restraints. Defense attorney Candace Hawthorne told Eddy during the May hearing her client had been denied access to crutches or a wheelchair while suffering from a leg injury.

In a handwritten letter to the Star-Banner in May, Bargo said when he couldn't walk he was given two options, "either I walk or they drag me."

In the past, a jail official had denied Bargo's mistreatment claims.

On Wednesday, Bargo appeared in better health, walking into court without a limp.

The last status conference before the trial begins will take place at 3 p.m. Aug. 8. It will focus on the jury selection process and the possibility of individual jury questioning.

Since the state is seeking the death penalty, a 12-member jury will be needed instead of the usual six-member panels.

<p>The attorneys trying the murder case of Michael S. Bargo filed into court Wednesday afternoon to discuss their progress and resolve most of the legal matters still lingering before the trial begins Aug. 12, which will lead to a conclusion of the two-year saga.</p><p>Bargo, 21, is charged with first-degree murder with a firearm in the killing of Seath Jackson, 15, in 2011. The state is seeking the death penalty.</p><p>Among the issues resolved Wednesday by Circuit Judge David Eddy was the state's request to prohibit the defense from eliciting testimony defaming the victim.</p><p>According to the state, witnesses listed by the defense have previously suggested Seath Jackson was in a gang and routinely beat people. Defense witnesses also have suggested that Seath threatened to kill the witnesses, rape their family members and burn down their houses.</p><p>In its motion to exclude such testimony at trial, the state acknowledged that, in general, evidence of a victim's character is inadmissible. But if the defense theory relies on the conduct of the victim, the law allows the defendant to offer evidence of the victim's character as circumstantial evidence to prove such conduct.</p><p>When a defendant alleges self-defense, the conduct of the victim is then a material issue. But defense attorney Charles Holloman did not oppose the state's motion, stating he's not claiming self defense.</p><p>"We can't have a trial by character assassination," Holloman acknowledged during the hearing Wednesday.</p><p>Eddy granted the state's request. He also granted several other motions from the state, including one to compel the defense to provide current addresses for three defense witnesses, and to provide a list of witnesses from Michigan who will testify via Skype.</p><p>Both Eddy and Holloman said this would be the first time either of them used Skype during a trial.</p><p>The judge also granted a motion from the state allowing prosecutors until July 31 to provide a list with additional expert witnesses. Assistant state attorneys Robin Arnold and Amy Berndt said they have not yet received testing results from a psychologist who evaluated Bargo. Until they receive the results they can't accurately finish their list of expert witnesses.</p><p>Bargo and his co-defendants are accused of luring Jackson to a Summerfield residence on April 17, 2011, where they shot, beat and burned his body, then put the remains into paint cans. Bargo, the accused triggerman, was arrested on April 20, 2011, just nine days before his 19th birthday.</p><p>Charlie Ely, 21, was sentenced to life in prison in 2011. Justin Soto, 22, Kyle Hooper, 19, and Amber Wright, 17, were all sentenced to life in prison in 2012.</p><p>It is unknown whether these co-defendants will testify against Bargo.</p><p>Court records show Hooper and Wright are appealing their judgment and sentences. An appeals court earlier this month uphheld Ely's conviction and sentence. There is no record of an appeal for Soto.</p><p>Bargo has remained inside the Marion County Jail since his arrest and currently resides in a high-security area of the facility. He has written several letters from jail to various media and court officials referencing claims of ill-treatment.</p><p>In the spring, Bargo hobbled into court, hindered by several restraints. Defense attorney Candace Hawthorne told Eddy during the May hearing her client had been denied access to crutches or a wheelchair while suffering from a leg injury.</p><p>In a handwritten letter to the Star-Banner in May, Bargo said when he couldn't walk he was given two options, "either I walk or they drag me."</p><p>In the past, a jail official had denied Bargo's mistreatment claims.</p><p>On Wednesday, Bargo appeared in better health, walking into court without a limp.</p><p>The last status conference before the trial begins will take place at 3 p.m. Aug. 8. It will focus on the jury selection process and the possibility of individual jury questioning.</p><p>Since the state is seeking the death penalty, a 12-member jury will be needed instead of the usual six-member panels.</p><p>The trial is estimated to take about two weeks.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>